You are not breaking a law if you do not report a non-shooting situation, but you would be very wise to call it in. Most bad guys want no contact whatsoever with the cops, because they are on parole or have warrants; but they have been known to call in reports that the defender assaulted them.
One incident that I'm aware of involved teenagers in the parking lot after a high-school game beating on a vehicle driven by the father of a student from another school. Now beating on a vehicle is at least malicious mischief, and multiple young threatening bodily injury is a serious matter. The driver who was under assault was a CHL holder and displayed his weapon. He ended up being arrested. I don't know how the case turned out.
It's also a good idea to let the police know that a criminal is loose and to give the best description that you can. They may catch the guy, and he may have evidence of other crimes or be a felon in possession of a fiream.
- Jim
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Return to “Legal requirements for reporting justified self defense?”
- Thu Mar 12, 2009 12:07 pm
- Forum: General Texas CHL Discussion
- Topic: Legal requirements for reporting justified self defense?
- Replies: 6
- Views: 1050
- Thu Mar 12, 2009 11:10 am
- Forum: General Texas CHL Discussion
- Topic: Legal requirements for reporting justified self defense?
- Replies: 6
- Views: 1050
Re: Legal requirements for reporting justified self defense?
Just to set the record straight, any interference with a crime scene or false report will probably get you in more trouble than the shooting would (PC 37.09). Prosecutors really take that seriously.
BTW, 37.09 contains a clause that I forgot about. If you observe a human corpse and fail to inform the authorities, it is a class A misdemeanor. So if you kill someone in self defense, you are obligated to report the presence of a corpse.
You are not obligated to explain the cause of death. Whether you should do so without legal counsel is subject to debate.
- Jim
- Thu Mar 12, 2009 6:36 am
- Forum: General Texas CHL Discussion
- Topic: Legal requirements for reporting justified self defense?
- Replies: 6
- Views: 1050
Re: Legal requirements for reporting justified self defense?
You are not legally required to report any self-defense action in Texas. The reason is that most self-defense actions contain elements of a crime, such as deadly conduct (pointing a weapon at a person) or aggravated assault. You cannot be required by law to incriminate yourself.
However, it is prudent to report most incidents, for reasons that you state.
P.S.: If you defend yourself by running into someone with a motor vehicle, you probably are required to report that. Not doing so would be considered failing to render aid. I can't remember off the top of my head which statute that is.
- Jim
However, it is prudent to report most incidents, for reasons that you state.
P.S.: If you defend yourself by running into someone with a motor vehicle, you probably are required to report that. Not doing so would be considered failing to render aid. I can't remember off the top of my head which statute that is.
- Jim